We have issued notice of redundancy and have asked our employees to work their notice periods. If the situation changes during their notice periods can the redundancy be withdrawn?

Posted in : First Tuesday Q&A NI on 2 March 2010
Emma-Jane Flannery
Arthur Cox

Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out his or her notice period. If the employer subsequently wishes to withdraw the notice because of a change in business or economic circumstances, the express consent of the employee will be needed.

That said, the Employment Rights (NI) Order 1996, provides that an employee who is dismissed by reason of redundancy loses the right to a statutory redundancy payment if he or she unreasonably refuses an offer of suitable

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Back to Q&A's This article is correct at 02/09/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

View all articles by Emma-Jane Flannery